IN RE ESTATE OF GARRETT EDWIN VAN METER, DECEASED. LUCILLE VAN METER, WIDOW, RICHARD M. ROBBINS, AS ADMINISTRATOR C. T. A. OF ESTATE OF GARRETT EDWIN VAN METER, PETITIONERS,
v.
GARRETT OLIVER VAN METER, RESPONDENT
IN RE ESTATE OF GARRETT EDWIN VAN METER, DECEASED. LUCILLE VAN METER, WIDOW, RICHARD M. ROBBINS, AS ADMINISTRATOR C. T. A. OF ESTATE OF GARRETT EDWIN VAN METER, PETITIONERS,
GARRETT OLIVER VAN METER, RESPONDENT
231 So. 2d 524
Florida Supreme Court (1970)
Negative Treatment
Cited by 22 cases
Opinion of the Court
This is a homestead law matter. The decision of the District Court of Appeal, Second District, 214 So.2d 639 (1968), adequately discloses the pertinent facts.
After hearing oral argument, and after considering the briefs and the record arising out of this cause, we have come to the conclusion that the District Court properly decided the case. The judgment of the District Court is, therefore, approved and the writ heretofore issued is hereby discharged. .
It is so ordered.
ERVIN, C. J., and ROBERTS, DREW, CARLTON and ADKINS, JJ., concur.
THORNAL, J., agrees to conclusion discharging writ.
BOYD, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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In re the Est. of Frank C. Deem v. Shinn, 297 So. 2d 611 (Fla. 4th DCA 1974)…mestead law was intended to benefit. Thus, as between the two cases, we believe that Osceola projects the correct mid-line approach in applying the law of homestead. We now examine In re Estate of Van Meter, 214 So. 2d 639 (2d D.C.A.Fla.1968) aff’d 231 So. 2d 524 (Fla. 1970). In Van Meter the husband totally provided the wife (under a separate maintenance decree) with a separate home and financial support. The court denied the wife her claim that the property owned and occupied by the husband at his death sh…
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Burdick v. Isadore Burdick, 399 So. 2d 410 (Fla. 3d DCA 1981)…party to a family relationship in existence at the time of the husband’s death. In addition, the residence must have been occupied by the family at the time of the husband’s death. In re Estate of Van Meter, 214 So. 2d 639 (Fla. 2d DCA 1968), aff’d, 231 So. 2d 524 (Fla.1970). A legal duty to support and continued communal living evidence the existence of a family relationship. In re Estate of Van Meter, supra. Homestead status may be waived by abandonment. Nelson v. Hainlin, 89 Fla. 356, 104 So. 589 (Fla.1925…
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In re Cooke v. Uransky, 412 So. 2d 340 (Fla. 1982)…ad exemption. One requirement was that he must intend to make the property his family’s permanent residence, and the other was that he must reside in this state. See, e.g., In re Estate of Van Meter, 214 So. 2d 639, 643 (Fla. 2d DCA 1968), approved, 231 So. 2d 524 (Fla.1970). The actual characterization of property as homestead depends upon the intention of the head of the family to make the property his family’s permanent residence. Hillsborough Inv. Co. v. Wilcox, 152 Fla. 889, 13 So. 2d 448 (1943); Lanier…
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- In re Est. of Garrett Edwin van Meter v. van Meter, 214 So. 2d 639 (Fla. 2d DCA 1968)